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ORDINANCE NO.2688
AN ORDINANCE AMENDING CHAPTER 18.20 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "RESIDENTIAL ZONES"
THE CITY COUNCIL OFTHE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 18.20 ofthe Moses Lake Municipal Code entitled "Residential Zones"is amended as
follows:
18.20.120 Fences.Walls,and Hedges:
A. Solid fencing shallnot obscure sight at intersection.
B. All corner lots shall maintain a
vehicular sight triangle for safety
purposes. A sight triangle shall be
formed by measuring from the
intersection ofthe extended curb line
or the traveled right-of-way (if no
curbs exist)of the adjacent streetto a
distance of fifty feet (50')from the
corner point.The third side of the
triangle is the straight line connecting
the two (2) fifty foot (50')sides.
Within the area comprising the
triangle, no fence, shrub, or other
physical obstruction higherthanthirty-
six inches(36")abovethe established
street grade shall be permitted .See
Figure 1.
Figure 1
C.Fences and walls shall not exceed
four feet (4')above finished ground
level outside of the vehicle sight triangle in any front yard or corner lot exterior side yard,
except for the following:
1.In the R-4 Zone,chain link,woven wire, or split rail fences,not to exceed five (5) feet in
height are permitted.Fences of other materials and sight-obscuring fences shall not
exceed 4'.
2. For a corner lot in the R-1,R-2, or R-3 Zone,the street frontage along the side of the
house may have a fence up to six feet (6') in height, provided that the fence is set back
from the sidewalk at least five feet (5'),and the area between the fence and the sidewalk
is maintained in irrigated landscaping that meets the requirement of a Type IV street
frontage buffer as specified in MLMC 18.57 at a minimum.The six foot (6')fence may
extend no closer to the street frontage along the front of the house than twenty-five feet
(25)'or even with the front of the house,whichever is more.The sight triangle provisions
of MLMC 18.20.120.B must also be met.
3.When one of the frontages of a through lot is a primary or secondary street,sight
obscuring fences not exceeding six feet (6')in height may be built inside the property line
to within five feet (5')ofthe sidewalkabutting the primary or secondarystreet,provided the
following requirements are met unless otherwise approved by the Planning Commission:
ORDINANCE NO.2688
PAGE 2 September 10,2013
a.The adjacent strip of land between the fence and the back of the adjacent sidewalk
shall be improved by the property owner concurrent with the fence installation.
b.The property owner shall provide a treatment plan forthe strip of land as part of the
building permit application process.
c.The treatment plan shall provide for minimum treatment with grass,decorative rock,
wood,bark, or any combination of such materials or similarmaterials in a mannerthat
will minimizedisturbanceby natural elements or pedestrians.Additional landscaping
is encouraged.
d.Approved landscaping, installed between the fence and the property line shall be
permanently maintained in a healthy growing condition.Dead,diseased,and dying
material shall be replaced immediately.Planted areas shall be maintained clear of
rubbish and debris.
e.Fences proposed along Valley Road,Yonezawa Boulevard, Grape Drive,Division
Street,and Nelson Road shall be three-dimensional,capped or framed, with twelve
inch (12")wide pilasters located a maximum of sixteen feet (16') apart. Pilasters shall
be of contrasting materials. The use of durable materials, such as masonry, is
strongly encouraged.Masonry columns a minimum of two feet (2')wide may be
placed every forty-eight feet (48*)maximum if used in place of pilasters. Allwood
materials used must be painted or stained.Fences that are not consistent with the
conditions specificallystated inthis section may be allowed subjectto the approvalof
the Planning Commission.
f.Lots contained within subdivisions may not apply foran individual fence permit unless
the majorityof the lots with arterial street frontage withinthat subdivision have already
legally constructed six foot (6')high fencing along the frontage. Iflessthan the majority
of said lots have six foot (6')high fencing,then a subdivision fence pursuant to
18.20.120.K is required.
D.Fences and walls shall not exceed eight feet (8')above finished ground level in any interior
side or rear yard.
E.Fences along walkways,pedestrian paths, or activity trail links open to the public shall be no
more than four feet (4')solid or six feet (6')open in height or a combination of both with a
maximum of four feet (4')solid portion starting from the top of the walkway,pedestrian path,
or activitytrail.Fencing located withinthe front or exterior side yard setback area may not
exceed 4'in height. All fencing materials must be located inside the property line, and a
landscaping treatment is required forthe exterior side of the fence up to the hard surface
pathway.This area shall be maintained by the property owner. The landscaping treatment
plan is required inconjunctionwiththe fence permitapplication and shallincludea minimum
treatment of grass, decorative rock, wood, bark, or any combination of such materials, or
similar materials,in a manner that will minimize disturbance by natural elements or
pedestrians. Additionallandscaping is encouraged.
F. All fences in residential zones shall be constructed of material commonly used in residential
fence construction,such aswood,masonry,ornamental iron,chain link, and similar material.
Fences of synthetic materials that have the functional equivalence of natural or traditional
material may be substituted. Fences shallnot be made of tires, orsimilarsalvage materials,
not originally designed as structural components of fences or buildings
G. Electric fences and barbed wire fences shall be prohibited,except in the R-4 Zone where they
may be used to contain livestock.Such fences shall not be located within the front yard S~\
setback area or along property lines adjacent to other residential and commercial zones and ''
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ORDINANCE NO.2688
PAGE3 September 10,2013
shall be removed when the livestock use has been discontinued.Electric fences shall be
postedwith permanentsigns every fiftyfeet (50')stating thatthe fence is electrified.All electric
fences and appliances,equipment,and materials used inconnection therewith shall be listed
or labeled by a qualified testing agency and shall be installed in accordance with
manufacturer's specifications and in compliance with the National Electrical Code.
H.Responsibility of Owners and Occupants:
1.Itshall be the responsibility of the ownerand/or occupantof the property where a fence is
erected to maintain the structure ingood repair at alltimes.When a portionof the fence
exceeding twentyfive percent (25%)ofthe streetfrontage isfound to be ina deteriorated
condition and/or inneed ofrepair,including,butnot limited to, broken or missing structural
components,and/or the fence is substantially less than perpendicular to grade,the
Building Official,or his or her authorized agent, may order the fencing to be repaired,
replaced or removed depending on the condition of the fence. Such order shall be in
writing.Ifthe fencing is ordered to be replaced, then new fencing shall meet the current
regulations.
2. The provisions of this section shall not apply to fences,walls, or shrubbery owned or
maintained bythe city,or to fences constructed or maintained byany other governmental
bodyor agency, forwhich the principal purpose is inherent to publicsafety.
I.An installation permitshall be required forthe construction, erection, or installation ofa fence
orwall.All permitapplications shall be reviewed and approved bythe Building Official and the
City Engineerforvehicularand pedestrian safety. Fences and wallsexceedingsixfeet (6')in
heightare regulatedbythe State Building Codeand require a building permit and associated
fees.
J.Additional information about fences is contained in MLMC 12.28.
K.Subdivision Fencing: Borderfences orwallsnotto exceed sixfeet (6')inheightalongstreets
bordering the subdivision and tapering to nohigherthan three feet (3')at street intersections
and/or subdivision entrances may be permitted for new subdivisions under the following
conditions:
1.The subdivision must bedesigned for interior street access to all lots abutting the border
street(s).
2.If such a fenceisproposeditmustbeforall ora majority ofthe arterial street frontage the
subject lots abut.Individual fences taller thanforty-eight inches(48")on independent lots
will not be permitted inthe required set back areas.
3.Fences shallbethree-dimensional,capped orframed,with twelveinch(12")widepilasters
locateda maximumofsixteen feet (16')apart. Pilasters shallbe ofcontrasting materials.
The useofdurable materials,such as masonry, isstrongly encouraged.Masonrycolumns
a minimum oftwo feet (2')wide maybeplacedeveryforty-eight feet (48')maximum ifused
in placeof pilasters.All wood materials must be paintedorstained.
4. Thefence may beinstalled along the public right-of-way line provided thereisa minimum
of five feet (5') of irrigated landscaping between the fence and the street improvements
(sidewalk,curb,gutter,street trees). Borderfences maynotextend into the front yardon
corner lots.
5. Afive foot (5')width oflandscaping is required betweenthefenceandtheabutting arterial,
exceptthatifthe arterial is SR-17than landscaping mustcomply with section 18.57.040.
Landscaping forall otherarterialsmust include one ofthe following landscaping options:
ORDINANCE NO.2688
PAGE 4 September 10,2013
6.
Deciduous trees planted at an average spacing of twenty-five feet (25'),and a mix of
evergreen and deciduous shrubs,spaced no further than 4'apart that do not exceed
a height of four feet (4'),and non living groundcover;or
b.Deciduous trees planted at an average spacing of twenty-five feet (25'
groundcover.
and live
The type and design of the fence and landscaping shall be reviewed and approved by the
Planning Commission,and may be concurrent with the subdivision review process.The
review shall include the fence material,landscaping,maintenance and the timing of the
installation of fence and landscaping.Allapplications for subdivision fencing or walls shall
be reviewed by the City Engineer for vehicular and pedestrian safety.
7.All landscaping elements,plant materials,and street trees shall be planted or installed by
the developer and permanently maintained pursuant to MLMC 18.57.090 by a
homeowner's association.In the absence of a homeowner's association,(i.e. if it is
disbanded)landscaping shall be maintained by the individual property owner.
8. A homeowner's association,or similar organization,is required and shall perpetually
maintain the fence and the landscaping.The developer and/or homeowners association
shall provide evidence of such perpetual maintenance.The Community Development
Director shall approve the evidence of the homeowners'association,
9. An irrigation system designed for the health of the street trees on arterial streets
maintained by the homeowner's association or individual owner shall be required.
Section 2.This ordinance shall take effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on September 10,2013.
ATTEST:
APPROVED AS TO FORM:
/A\/'l
ne L.Kenison,City Attprfiey
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